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Catalogue complet

Intellectual Property Excesses

Exploring the Boundaries of IP Protection

Introduction
 Enrico Bonadio (City University of London, UK) and Aislinn O’Connell (Royal Holloway, University of London, UK) 
 
 PART I
CULTURE
 1. Copyright Term Extension: Good Morning to You Productions v Warner/Chappell Music 
 Giancarlo Frosio (Queen's University Belfast, UK) 
 2. Copyright Liability and Music ‘Piracy’: Capitol Records v Thomas-Rasset 
 Peter Mezei (University of Szeged, Hungary)
 3. ASCAP v The Girl Scouts of America: The IP Excesses of Collective Management Organisations
 Jonathan Band (Georgetown University, USA) and Brandon Butler (University of Virginia, USA)
 4. Copyright and Public Domain Works: Highsmith v Getty 
 Vishv Priya Kohli (Copenhagen Business School, Denmark) and Stina Teilmann-Lock (Copenhagen Business School, Denmark)
5. Copyright and Related Rights in Intimate Images: Chrissy Chambers and Other Victim-Survivors
 Aislinn O’Connell (Royal Holloway, University of London, UK)
 
 PART II
TECHNOLOGY AND SCIENCE
 6. Biopiracy as an Abuse of the Patent System
 Aman K Gebru (Duquesne University, USA)
 7. Allergan’s Restasis and the St. Regis Mohawk Tribe: Chronicles of a Desperate Move, an Announced Defeat and a Collective Sigh of Relief 
 Stefano Barazza (Swansea University, UK)
 8. Limiting Access to Life-Saving Medications: Three South African Case Studies
 Caroline Ncube (University of Cape Town, South Africa)
 9. Patent Trolls and Their Excesses: Blackbird Tech v. Cloudflare 
 Enrico Bonadio (City University of London, UK) and Magali Contardi (University of Alicante, Spain)
 10. From Asset to Liability: Five Scenarios of Excessive Protection of Trade Secrets
 Amir H Khoury (Tel Aviv University, Israel)
 
 PART III
SIGNS, IMAGES AND MARKETING RIGHTS
 11. The Not-So-Friendly Neighbourhood Super-Hero® 
 Mitchell Adams (Swinburne University of Technology, Australia)
 12. Protection of Colour Per Se: Or, #Freethepink and the Battle Over 'Magenta'
 Tim W Dornis (Gottfried Wilhelm Leibniz University, Germany)
 13. International Investment Agreements and Intellectual Property: Philip Morris v Uruguay 
 Althaf Marsoof (Nanyang Technological University, Singapore)
 14. Reverse Domain Name Hijacking: Camilla Australia v Domain Admin, Mrs Jello 
 Zinatul Ashiqin Zainol (Universiti Kebangsaan Malaysia)
 15. Ambush Marketing and IP Expansion: FIFA, Bavaria and the 2010 World Cup South Africa
 Amanda Scardamaglia (Swinburne University of Technology, Australia)
 16. ROBOTS (and Elvis Imitators) AGAIN: Estate of Presley v Russen and Right of Publicity Over-Reaches in US Law 
 Marc H Greenberg (Golden Gate University, USA)

Landmark Cases

Substantive Cases

Landmark Cases in EU Law, Volume 2

"In one wide-ranging volume, Lambert and the country reporters demonstrate that law can not only keep up with technological change, but can in fact stay well ahead by anticipating upcoming questions. This comprehensive comparative reference will be invaluable for lawyers and students." (Professor Joshua Fairfield. Washington and Lee University School of Law, Review of a previous edition) Bringing together a global team of authors, the International Handbook of Social Media Laws covers the law relating to social media across 34 countries in total. From influential social media defamation cases in Australia, to tweeting from court, and regulations enforced by the UK's Online Safety Act 2023, this book clearly articulates the main legal issues and developments across various legal jurisdictions, to ensure a company's social media presence is fully compliant with the law of each country. The third edition has been fully updated to incorporate new criminal and civil case law, and covers topics including: - Online abuse, online bullying and cyberbullying laws - Laws or rules specific to children and social media - Bans or restrictions on the use of, or access to, the internet or social media, including the influential TikTok, Inc. v. Garland case in the US - Use of social media as evidence in courts - Hacking and data breach laws. Contributors to the volume each provide coverage of their own country, ensuring the volume is both authoritative and practical. Countries represented include: Argentina, Australia, Belgium, Brazil, Bulgaria, China, Czech Republic, Denmark, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Ireland, Italy, Malta, Mexico, New Zealand, Norway, Senegal, Serbia, Singapore, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States and Uruguay. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

International Handbook of Social Media Laws

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

Studies in International Trade and Investment Law

Geographical Indications (GIs), widely used in the European context, are being promoted as vehicles for local development: but do they truly serve the interests of the Global South? Can they foster meaningful change in former colonial societies? This open access book interrogates these questions through a critical legal lens grounded in Third World Approaches to International Law (TWAIL), to assess whether GIs-codified in international trade agreements like the EU-CARIFORUM Economic Partnership Agreement-can support 'development from within' for the small island developing states of the Caribbean. Providing a fresh perspective on the colonial roots, current utility, and future potential of GI laws, the book engages with Caribbean realities and includes global case studies from Demerara rum in Guyana, Ethiopian coffee, Indian Darjeeling tea, Colombian coffee, Mexican Tequila, and Barbados Rum. In a world shaped by international trade rules, GIs and Sustainable Development offer a powerful lens into how the law of origin-linked products-like Champagne, Tequila, and Jamaican Rum-can shape futures for postcolonial states. Geographical Indications in International Trade is essential reading for academics, policymakers, legal practitioners, and development professionals seeking to understand the tensions between intellectual property law and sustainable development. It challenges readers to rethink international trade rules and consider how GI law can be reclaimed by third-world nations as a transformative tool for heritage-based, sustainable economic development. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by UKRI.

Towards Sustainable Development in the Caribbean

Geographical Indications in International Trade

Diverse Voices in Intellectual Property Law

This book examines the realities of the functioning of the European Public Prosecutor's Office (EPPO) along with the actual cooperation with other stakeholders in the EU and in the Member States. The protection of financial interests of the European Union is a Treaty obligation bearing equally on the Member States and the Union itself. In order to increase the effectiveness of the investigations and prosecutions in those areas falling under the PIF Directive, using enhanced cooperation provisions, 22 Member States established the office of The European Public Prosecutor, which came into operation in 2021. Based on examples of five Member States taking part in the EPPO from the beginning - Germany, Italy, Lithuania, Romania, and Slovakia - as well as Poland, which used to be a non-participating Member State and only recently joined the EPPO, this collection analyses the legal framework as well as the practical experience of cooperation in this field. The book will be an invaluable resource for academics and researchers in the areas of EU Criminal Law, EU Law, and EU Constitutional Law.

Protecting EU Financial Interests in a New Institutional Landscape

Financial Crime and the Office of the European Public Prosecutor

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

The law codes in the Middle East North Africa (MENA) region are a well-crafted blend of civil and Islamic law in which civil law principles do not violate Islamic provisions. Yet, common law principles derived either from English common law or Islamic customary usages remain unidentified and thus ignored. Here, this complex scenario is rectified through a comparative analysis of the primary data (e.g. cases, statutes and arbitral award decisions), adding common law and uncodified Islamic custom to MENA law codes. The purpose of this comparative analysis is to allow common legal principles found in civil, common and Islamic law to be distilled in order to create a new, harmonised international commercial arbitration law code (HICALC) or uniform Arab arbitration law (UAAL) for adoption in the MENA region, where these principles already greatly influence the legal systems and can be readily assimilated into a harmonised or uniform code. The work demonstrates that this new code would lead to improved arbitral award enforcement in the MENA.

A Model Harmonised International Arbitration Law Code for the Middle East and North Africa

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

Routledge Studies in Accounting

Intellectual Capital (IC) has become synonymous with the Knowledge Economy, whereby the intangible resources of organisations are linked to the development of value. However, take up has been problematic, causing some pundits to question if it's simply 'locked' in theory. This book seeks to 'unlock' IC by offering a practical understanding of the IC paradigm since its inception, and takes a critical and performative examination of IC research and practices, whilst offering practical examples of how to implement it successfully. Viewed from both an academic and practioner perspective, this book is useful for students and wanting to apply IC effectively.

Unlocking Intellectual Capital

Intellectual Property Excesses

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